Alhambra Municipal Code Ch. 9.49 Vehicle Seizure and Forfeiture: Prostitution and Controlled Substance

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTROLLED SUBSTANCE . A drug, substance, or immediate precursor which is listed in any schedule in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057, or 11058.

DRIVER. The person who drives or is in actual physical control of a vehicle.

ILLEGAL/DANGEROUS FIREWORKS. Any firework(s) not bearing the California State Fire Marshal Seal.

PROSTITUTION. Engaging in lewd or sexual conduct for money, or other consideration.

UNLAWFUL EXPLOSIVES. Any explosives containing over .772 grains of explosive and/or pyrotechnic powder.

VEHICLE. Any transportation device which requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven.

(Ord. 4411, passed 4-23-01; Am. Ord. 4464, passed 5-24-04)

(A) Any vehicle used to solicit an act of prostitution, or to acquire or attempt to acquire any controlled substance, or to transport and/or sell illegal/dangerous fireworks and/or unlawful explosives is declared a nuisance and the vehicle shall be enjoined and abated by seizure and forfeiture, as provided for in this chapter.

(B) Any person or his or her servant, agent, or employee who owns leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is guilty of creating a public nuisance.

(Ord. 4411, passed 4-23-01; Am. Ord. 4464, passed 5-24-04)

(A) A peace officer may seize a vehicle subject to forfeiture under this chapter upon the issuance of an order by a court having jurisdiction over the vehicle. Seizure without court order may be made if there is probable cause to believe that the vehicle was used in violation of this chapter.

(B) Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession such vehicle was seized, in accordance with Cal. Penal Code § 1412.

(C) An immediate investigation shall be made by the Police Department as to any claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles or other state or federal agency. If the Police Department finds that any person, other than the person from whom the vehicle was seized, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall within 48 hours of the vehicle's seizure, send a Notice of Seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or other state or federal agency.

(D) The Notice of Seizure sent pursuant to the requirements of division (C) shall set forth the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

(E) A vehicle seized pursuant to this chapter, where appropriate, may be held as evidence in any proceeding brought by the City Attorney or District Attorney.

(Ord. 4411, passed 4-23-01; Am. Ord. 4464, passed 5-24-04)

(A) The City Attorney or District Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.

(B) If the City Attorney or District Attorney determines that the factual circumstances warrant the forfeiture of a vehicle described in § 9.49.020, the City Attorney or District Attorney shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle. Such notice shall be served as soon as practicable, but in any event within

(C) The Notice of Intended Forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to § 9.49.030(C).

(1) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows: (a) by leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; (b) by leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.

(2) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.

(3) If the person entitled to notice cannot be located, or service; cannot be effected as set forth in this section, service may be made by publication in a newspaper of general circulation within the city which is most likely to give actual notice and order to the person. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov't Code § 6063.

(D) A Notice of Intended Forfeiture shall include:

(1) A description of the vehicle;

(2) The date and place of the vehicle's seizure;

(3) The violation of law alleged with respect to the intended forfeiture of the vehicle;

(4) A claim form as described in § 9.49.050;

(5) Instructions for filing and serving a claim, and the time limits for filing such a claim.

(Ord. 4411, passed 4-23-01)

(A) Any person claiming an interest in a vehicle seized pursuant to this chapter must, not later than ten days from the date of service of the Notice of Intended Forfeiture, file a claim with the Los Angeles County Superior Court, verified in accordance with Cal. Civ. Proc. Code § 446, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the City Attorney or District Attorney within ten days of the filing of the claim.

(B) If a verified claim is timely filed, the City Attorney or District Attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the Los Angeles County Superior Court within 30 days of the receipt of the claim, and by setting the matter for a hearing on a day not less than 30 days therefrom.

(C) The hearing shall be before the Los Angeles County Superior Court.

(D) The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in the chapter. However, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.

(E) With respect to vehicles described in § 9.49.020 for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in § 9.49.020. Trial shall be before the court. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial.

(F) Upon proof that the vehicle was used for any of the purposes set forth in § 9.49.020, the court shall declare the vehicle a nuisance and order the vehicle sold and the proceeds distributed as set forth in § 9.49.060.

(G) If no claims are timely filed in response to the notice issued pursuant to division (B), the City Attorney or the District Attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with § 9.49.060. A written declaration of forfeiture signed by the City Attorney or District Attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The City Attorney or District Attorney ordering forfeiture pursuant to this subdivision shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings.

(Ord. 4411, passed 4-23-01)

In all cases where a vehicle seized pursuant to this chapter is forfeited to the city, the vehicle shall be sold and the proceeds of sale shall be distributed as follows:

(A) To the bona fide or innocent purchaser, conditional sales vendor, mortgagee of lien holder of the property, if any, up to the amount of his or her interest in the property, when the court, City Attorney or District Attorney declaring the forfeiture orders a distribution to that person.

(B) To the City Attorney or District Attorney (depending upon who instituted the forfeiture proceeding) for all expenditures made or incurred in connection with the enforcement of this chapter with respect to the vehicle seized, including but not limited to, costs for equipment, investigation by police and fire departments, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices required herein and to local law enforcement, including fire departments, for costs related to the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this chapter.

(C) The remaining funds shall be distributed as follows:

(1) Fifty percent to the local law enforcement entities, including fire departments, that participated in the seizure distributed so as to reflect the proportionate contribution of each agency.

(2) Fifty percent to the city or District Attorney, depending upon which entity instituted the forfeiture.

(Ord. 4411, passed 4-23-01; Am. Ord. 4464, passed 5-24-04)